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LAPD Chief Charlie Beck Interview, LAPD to Reform Problematic Crime Reporting, Cops Misunderstanding the Law, and Protection from Prosecutorial Misconduct

December 18th, 2014 by Taylor Walker

LAPD CHIEF CHARLIE BECK: STRUGGLING POLICE DEPARTMENTS CAN LEARN FROM THE LAPD BECAUSE IT HAS “BEEN THROUGH SO MUCH”

In an interview with NPR’s Kirk Siegler, Los Angeles Police Department Chief Charlie Beck discusses what struggling police departments can learn from the LAPD, not too long past a twelve-year federal consent decree itself. Here are some clips:

On the 11th floor of the Los Angeles Police Department’s downtown high-rise, Chief Charlie Beck has been fielding a lot of calls since the shooting of 18-year-old Michael Brown in Ferguson, Mo. Beck’s counterparts around the country are calling to find out how his department addressed what he calls the “ghosts of LAPD’s past.”

“I don’t want people to have to have their city go up in flames like Los Angeles did in 1992 to learn these lessons,” he says.

The lessons Beck refers to — and actual court-ordered reforms — began after Rodney King and addressed everything from police brutality to institutionalized racism within the LAPD. And they didn’t end until last year, when a federal judge finally lifted a consent decree originally imposed by the Department of Justice in 2001 following another corruption scandal.

Out of all this came an independent civilian oversight commission and a robust “use of force” investigation and discipline process. It also marked a shift toward community-based policing.

“We are where we are not because we are smarter or better than anybody else [but] just because we’ve been through so much,” Beck says.

[SNIP]

Cities looking to reform their troubled police forces might have a template to turn to in Los Angeles, according to police watchdog experts.

“The police department went from being, in essence, an occupying army to being a community partner,” says attorney Merrick Bobb, who worked as a court-appointed monitor for the separate LA Sheriff’s Department and once served on a citizen’s commission reforming the LAPD.


DESPITE MAJOR PROGRESS, THERE ARE ALWAYS AREAS FOR IMPROVEMENT: LAPD TO ADDRESS MISREPORTED CRIME DATA

Back in August, an investigation by the LA Times’ Joel Rubin and Ben Poston found that the LAPD mislabeled close to 1,200 violent crimes as minor offenses, significantly altering the city’s crime statistics.

Now, the LAPD officials have announced the department will implement crime reporting reforms, in an effort to provide accurate crime statistics for citizens who trust the department to produce reliable data.

Department staff will be given new training on how to classify crimes in a manner that will comply with federal guidelines, and station supervisors will now be charged with making sure classifications are correct.

Rubin and Poston have the update on their investigation. Here’s a clip:

So far this year, overall violent crime has increased 11% compared with the same time period in 2013, according to LAPD figures. The city has experienced a double-digit rise in rapes and a slight uptick in homicides and robberies. But the largest increase has come in aggravated assaults, which are up more than 20%. The rise in such assaults, officials have said, is partly due to the department’s efforts to improve its crime reporting, which has led to a more accurate count of serious assaults.

To carry out the reforms, the department formed the Data Integrity Unit — a small team of detectives and data analysts. Over the last few weeks, the unit has put about 400 station supervisors, senior detectives and clerical staff through a four-hour training course on how to properly classify crimes to be in line with federal reporting guidelines, senior analyst John Neuman told the commission.

In coming months, the unit is expected to add staff and take on more responsibilities, including serving as a “strike team” that will inspect crime reports at the department’s 21 divisions, Neuman said.

The department also plans a simple but significant change in its procedures for classifying crimes. Watch commanders — the lieutenants and sergeants who must approve officers’ crime reports — will be required to document how each incident should be classified in the department’s crime database.

The move is intended to reduce confusion and misunderstandings, in particular among civilian records clerks who currently are left to decipher reports and make decisions about how to classify crimes.


US SUPREME COURT SEZ COPS DO NOT NEED TO BE RIGHT ABOUT A LAW TO PULL A CAR OVER FOR REASONABLE SUSPICION OF BREAKING THAT LAW

Earlier this week, in an 8-1 ruling, the US Supreme Court said that a cop can pull over a car under reasonable suspicion of law-breaking, even if the cop misunderstands the law. In this particular case, Heien v. North Carolina, an officer pulled over Nicholas Heien’s vehicle because of a busted tail light. The officer found cocaine in the car, but North Carolina law only requires one working tail light. Heien appealed his cocaine-trafficking conviction on the grounds that the officer misunderstood the law and thus had no reason to pull the car over.

In a commentary for the Atlantic, author and University of Baltimore constitutional law professor, Garrett Epps, says this decision gives officers more freedom to pull people over for increasingly ambiguous reasons. Epps also points out that, if the situation were flipped, and NC law required two working brake lights, Heien would not get off the hook for misunderstanding the law. Here’s a clip:

The facts of Heien are that a North Carolina sheriff’s deputy decided that a passing car was suspicious. The driver, he decided, seemed “very stiff and nervous” because he was looking straight ahead and holding his hands at the recommended positions on the wheel. (I am sure there was no connection, but the driver was also a Latino in an overwhelmingly white county.) The deputy followed the car, seeking a reason to make a stop, until the driver put on the brakes for a red light. One of the two brake lights was out. The deputy pulled over the car for the broken brake light and questioned both the driver and the owner, who had been sleeping in the back seat. Eventually he got permission to search the car, found cocaine, and arrested both men. A fairly open-and-shut case—except that, a state appeals court decided, North Carolina law only requires one working brake light. The “offense” leading to the stop was no more illegal than hanging a pine tree air freshener from the rear-view mirror.

The lower courts refused to suppress the evidence. It is settled law that when an officer makes a reasonable mistake of fact—concludes from appearances that, say, an assault is going on when two friends are just tussling—a stop doesn’t violate the Fourth Amendment. But, Heien argued, a mistake of law is different. Consider the reverse scenario: If North Carolina law did require two brake lights, Heien could not have avoided a ticket by pleading that he thought it only required one. Most of the time, as we all know, ignorance of the law doesn’t get a citizen off the hook.

The Supreme Court had never decided this issue. On Monday, by 8-1, it concluded that the stop was “reasonable.” One can certainly sympathize with the deputy in this case: The North Carolina motor vehicle code on this point is virtually opaque, and the one-brake-light rule wasn’t clear to anybody until the appeals court decided it in Heien’s case. As for the “ignorance of the law” argument, the Chief Justice breezily responded, that’s fine. The deputy didn’t give Heien a ticket for having one brake light. “Heien is not appealing a brake-light ticket,” the Chief wrote. “[H]e is appealing a cocaine-trafficking conviction as to which there is no asserted mistake of fact or law.”

Justice Elena Kagan, joined by Justice Ruth Bader Ginsburg, wrote separately to attempt to limit the effect of the decision. It’s not a question of whether he actually knew the law, but of whether the law was really clear to everybody, she wrote. “If the statute is genuinely ambiguous, such that overturning the officer’s judgment requires hard interpretive work, then the officer has made a reasonable mistake,” she wrote. “But if not, not.” All very well, but I can’t help concluding that Heien makes it easier for police to find a reason to stop anyone they think looks suspicious. And we as a society are learning some very hard lessons about what can go wrong with police stops. Roberts’s opinion takes not the slightest notice of the events of the past year. The world he describes is a kind of happy valley were police are polite, citizens know their rights, consent to search is always freely given, and only evildoers feel dread when they see a blue light in the rear-view mirror. “[R]easonable men make mistakes of law,” as well as of fact, he says.

[SNIP]

Justice Sonia Sotomayor, in a solo dissent, protested that the decision “means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down.” She pointed out that “[g]iving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands [their] authority.”


EDITORIAL: CALIFORNIA SHOULD JOIN 49 OTHER STATES AND IMPLEMENT A RULE TO STOP PROSECUTORIAL MISCONDUCT

According to the Brady rule, prosecutors must turn over any evidence to the defense any exculpatory evidence that would likely have an effect on a conviction or sentence. Unfortunately, many prosecutors violate the Brady rule without consequence. There is, however, an American Bar Association rule that says prosecutors have to turn over any evidence that “tends to negate the guilt of the accused or mitigates the offense.” This interpretation of Brady is broader, and does not rely on prosecutors’ personal assessment of the significance of the evidence. The rule also says prosecutors have to hand over exculpatory evidence that turns up after a conviction.

California is the only state in the US to not have established some form of this rule. The California Bar spent years working on the code of conduct, only to have the state Supreme Court tell them to start all over again.

An LA Times editorial says properly protecting defendants cannot wait for the state to finish writing their rules, and calls on the state to use the American Bar Association’s version of the rule in the meantime. Here’s a clip:

There is an easy step California should take to curb this type of prosecutorial misconduct — the adoption of an ethical rule. One reason even well-intentioned prosecutors violate Brady is the cognitive difficulty of predicting before a trial has even occurred whether undisclosed information might be considered “material” — or sufficiently important to overturn a conviction — by an appellate court. Instead, prosecutors should follow a simple prophylactic rule that errs on the side of caution. Under the proposed ethical standard, prosecutors simply turn over any potentially helpful evidence without judging whether it could help lead to an acquittal.

The American Bar Assn., which publishes “Model Rules of Professional Conduct” to serve as ethical standards for attorneys nationwide, enacted Rule 3.8. The rule’s objective is to eliminate confusion. Part of the rule, which defines the evidence that must be disclosed, was designed to be broader and independent of Brady obligations, requiring prosecutors to disclose before trial all evidence that “tends to negate the guilt of the accused or mitigates the offense.” Again, this differs from Brady because it does not require prosecutors to evaluate how much the evidence tends to negate the defendant’s guilt. That is for the defense to argue and for the jury to decide.

The rule provides an exception so that prosecutors who have real concerns about witness safety, subornation of perjury or other significant considerations can seek and obtain protective orders from a court to delay disclosure. Equally important, other parts of the rule require prosecutors to turn over any evidence pointing to innocence that they become aware of after a conviction; they must take proactive steps to vacate a conviction if there is clear evidence of the defendant’s innocence.

California is the only state in the nation that has failed to adopt some version of this rule. Last week, we testified about the need for this rule at the State Bar of California’s hearing on attorney competency and disciplinary standards. The bar has spent nearly a decade redrafting a new set of rules of professional conduct. Complaints about the bar’s approach to redrafting the new rules recently led California’s Supreme Court to announce that it would restart the process with a new rules commission. The criminal-justice system cannot wait another decade to adopt a rule that will ensure fairer criminal trials. While the new commission considers how to revamp all the rules, the bar and court should adopt the American Bar Assn. model rule for disclosure of exculpatory evidence.

Posted in Charlie Beck, crime and punishment, LAPD, Supreme Court | No Comments »

Civilian Oversight of LASD Back on the Table….LAPD Union Spokesman Unwisely Axed….Report Looks at Barriers Barring 2nd Chances for Americans With Criminal Records….New Sentencing Date for Sexton

December 5th, 2014 by Celeste Fremon

CIVILIAN OVERSIGHT FOR THE LA SHERIFF’S DEPARTMENT IS PROPOSED AGAIN, THIS TIME APPROVAL LOOKS LIKELY

One brand new member of the LA County Board of Supervisors, Hilda Solis, has joined veteran board member Mark Ridley-Thomas in championing the idea of a civilian oversight commission for the long-troubled sheriff’s department.

Next Tuesday, December 9, Ridley-Thomas and Solis, will introduce a motion to establish such a commission.

This past summer, MRT and termed-out supervisor, Gloria Molina, did all they could to get a similar motion passed without success. At that time, termed-out supe Zev Yaroslavsky was considered the swing vote who might provide the third favorable vote necessary for passage, but no swinging ever took place. Mike Antonovich has been firmly in the NO camp all through discussions of the matter, and Don Knabe, who was, at one time, thought to be a far outside possibility as a swing vote, never came over to the YES column either.

Now, however, Solis and Ridley-Thomas appear to have their third supporter in newly sworn-in supervisor Sheila Kuehl, who had expressed strong support for a civilian commission while on the campaign trail.

Kuehl then reaffirmed her support in an interview on Thursday.

Back in the summer, one of the strongest voices in favor of the creation of the commission was the man who, as of Monday, has taken over the helm of the sheriff’s department, Jim McDonnell. A few weeks prior to the board’s decision to vote down the commission proposal this past August, McDonnell issued a lengthy statement explaining why he supported the idea, which he called “a necessary long-term investment in creating a better-run department.”

The statement read in part:

I support this concept and believe that there is great value in creating an independent civilian oversight body that would enable the voice of the community to be part of the LASD’s pathway forward. A civilian commission can provide an invaluable forum for transparency and accountability, while also restoring and rebuilding community trust in the constitutional operation of the LASD.

The Citizens’ Commission on Jail Violence, on which I served, underscored the need for comprehensive and independent monitoring of the LASD and its jails and recommended the creation of an Office of Inspector General (the “OIG”) – an entity that is now in the process of formation. While our Commission opted not to express any view regarding a civilian commission, I believe that the time has come for the creation of an empowered and independent citizens’ commission to oversee and guide the work of the OIG and help move the Department beyond past problems.

Though a civilian oversight commission may be a new concept for LASD, it is not new to me or to law enforcement in general. Indeed, I spent many of my 29 years at the LAPD working with its citizens’ Police Commission. I have also worked with a citizens’ commission as Chief of Police in Long Beach. I have seen first-hand the value of empowering the community’s voice and welcome the opportunity to work with the Board of Supervisors, legal experts and community groups in developing the best possible model of civilian oversight for the LASD…..

At the time, John Scott—who acted as interim sheriff after the unexpected resignation of former sheriff Lee Baca last January—told ABC7 reporter Robert Holguin that he was generally for the commission but felt it was too soon to form one.

The Ridley-Thomas/Solis motion (which you can read in full here) also proposes the formation of a “working group” that will have 90 days to put together recommendations regarding the citizens commission’s “mission, authority, size, structure, relationship to the Office of the Sheriff and to the Office of the Inspector General.”

(We would presume and hope that the working group would also make recommendations about the proposed commission’s relationship with the board of supervisors. While a citizen’s commission would be the board’s creation, it should not be its creature.)

The working group would be made up of the sheriff (or his designee), the inspector general (or his designee) and one group member to be appointed by each supervisor.

Barring anything unforeseen, look for the civilian oversight commission to finally get a go-head next Tuesday.


LAPD UNION CONFOUNDS OBSERVERS BY DUMPING LONGTIME SPOKESMAN

In a move that has surprised many LA reporters who cover police issues, the LAPD’s union, the Los Angeles Police Protective League, has parted ways with longtime spokesman Eric Rose. A favorite of several administrations worth of department leaders, Rose is known for his breadth of knowledge of local law enforcement, and his ability to communicate with journalists in such a way that has repeatedly benefited both the union and the LAPD.

Most learned about Rose’s departure when he sent out a note early in the morning of Saturday November 29, explaining that Englander Knabe & Allen, the firm in which he is a partner, would no longer be representing the league. Rose has been the voice of the union for 19 years.

The LAPPL’s decision to acquire a new spokesman is viewed by some department watchers as a desperation-driven maneuver by union leadership frantic to find some way to pressure city officials into forking over a new-and-improved contract. (Good luck with that. In July, the department’s rank file rejected a proposed contract because, despite its multiple concessions, it contained no cost-of-living adjustment [COLA]—nevermind that, due to the city’s $242 million budget shortfall, no other city employees were getting COLAs either, including firefighters.)

On Monday, Daily News columnist Rick Orlov called the LAPPL’s action “another sign of its recent internal strife.”


REPORT CALLS FOR POLICY REFORM TO ENSURE AMERICANS WITH CRIMINAL RECORDS HAVE “A FAIR SHOT AT A SECOND CHANCE.”

A just-released report by the Center for American Progress called One Strike and You’re Out: How We Can Eliminate Barriers to Economic Security and Mobility for People with Criminal Records looks at the multiplicity of ways that a single criminal conviction, even for a minor offense, can permanently damage an individual’s ability to rebuild his or her life even years after release from jail or prison.

Here’s how the report opens:

Between 70 million and 100 million Americans—or as many as one in three—have a criminal record.

Many have only minor offenses, such as misdemeanors and nonserious infractions; others have only arrests without conviction. Nonetheless, because of the rise of technology and the ease of accessing data via the Internet—–in conjunction with federal and state policy decisions—having even a minor criminal history now carries lifelong barriers that can block successful re-entry and participation in society. This has broad implications—not only for the millions of individuals who are prevented from moving on with their lives and becoming productive citizens but also for their families, communities, and the national economy.

Today, a criminal record serves as both a direct cause and consequence of poverty.

It is a cause because having a criminal record can present obstacles to employment, housing, public assistance, education, family reunification, and more; conviction can result in monetary debts as well. It is a consequence due to the growing criminalization of poverty and homelessness. One recent study finds that our nation’s poverty rate would have dropped by 20 percent between 1980 and 2004 if not for mass incarceration and the subsequent criminal records that haunt people for years after they have paid their debt to society.

Failure to address this link as part of a larger anti-poverty agenda risks missing a major piece of the puzzle….

And there is this:

…The lifelong consequences of having a criminal record—and the stigma that accompanies one—stand in stark contrast to research on “redemption” that documents that once an individual with a prior nonviolent conviction has stayed crime free for three to four years, that person’s risk of recidivism is no different from the risk of arrest for the general population.

Put differently, people are treated as criminals long after they pose any significant risk of committing further crimes—-making it difficult for many to move on with their lives and achieve basic economic security, let alone have a shot at upward mobility.

The United States must therefore craft policies to ensure that Americans with criminal records have a fair shot at making a decent living, providing for their families, and joining the middle class. This will benefit not only the tens of millions of individuals who face closed doors due to a criminal record but also their families, their communities, and the economy as a whole.

The full report is 50 pages long, and features lots of interesting data, plus a series of recommendations for policy change, so worth reading for those of you with an interest in the topic.


LASD DEPUTY JAMES SEXTON SENTENCING RESCHEDULED FOR DECEMBER 15

Former Los Angeles County Sheriff’s Deputy James Sexton, who was scheduled to be sentenced on December 1, will now be sentenced by Judge Percy Anderson on Monday, December 15.

(Earlier, federal prosecutors had switched Sexton’s sentencing date from this past Monday-–the day that the new sheriff would be sworn in—to December 8th. Then more recently the feds agreed to the second date change at the request of Sexton’s attorneys.)

Sexton, if you’ll remember, was the seventh sworn member of the Los Angeles Sheriff’s Department to be convicted of obstruction of justice charges in connection with the FBI’s investigation into civil rights abuses by sheriff’s deputies inside LA County’s troubled jail system.

Specifically, Sexton was found guilty in mid-September of this year of charges of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Anthony Brown from his FBI handlers.

The September trial was the second time that Deputy Sexton had been tried for the same charges. His first go-round, which took place in May of this year, resulted in a hung jury, that split six-six.

The other six department members, who were sentenced in late September, received sentences by Judge Anderson that ranged from 21 months to 41 months, with an additional year of superversion after their release.

The six are required to surrender for their terms on January 2.

If Sexton is sentenced to prison, he is expected to be asked to surrender within a similar time frame.

Posted in FBI, LAPD, LAPPL, LASD, Sheriff John Scott, U.S. Attorney | 16 Comments »

Cop Not Indicted in Chokehold Death, LAPD Chief Blames Officers in Shooting of Unarmed Man, No More DNA Swabs for Felony Arrests, and Undermining PREA

December 4th, 2014 by Taylor Walker

GRAND JURY DOES NOT INDICT NYPD OFFICER IN CHOKEHOLD HOMICIDE OF ERIC GARNER

On Wednesday, a Staten Island grand jury decided not to indict Daniel Pantaleo, a plainclothes NY police officer whose prohibited chokehold on an unarmed man, Eric Garner, proved fatal.

Garner was stopped by officers on suspicion of selling untaxed cigarettes. A video of the incident, shows Garner, a 43-year-old black father of six, telling officers over and over that he can’t breath while being held down by officers. And the city medical examiner’s autopsy found Garner’s death to be a homicide, with the chokehold as the main cause of death.

Wednesday evening, the Department of Justice announced that it would launch a separate federal investigation into Garner’s death.

The NY Times’ J. David Goodman and Al Baker have the story. Here are some clips:

The fatal encounter in July was captured on videos seen around the world. But after viewing the footage and hearing from witnesses, including the officer who used the chokehold, the jurors deliberated for less than day before deciding that there was not enough evidence to go forward with charges against the officer, Daniel Pantaleo, 29, in the death of the man, Eric Garner, 43.

Officer Pantaleo appeared before the grand jury on Nov. 21, testifying that he did not intend to choke Mr. Garner. He described the maneuver as a wrestling move, adding that he never thought Mr. Garner was in mortal danger.

After the news from Staten Island, a wave of elected officials renewed calls for Justice Department intervention, saying the grand jury’s finding proved that justice could only be found in the federal courts.

On the streets of the city, from Tompkinsville to Times Square, many expressed their outrage with some of the last words Mr. Garner uttered before being wrestled to the ground: “This stops today,” people chanted. “I can’t breathe,” others shouted.

While hundreds of demonstrators took to the streets in Manhattan as well as in Washington and other cities, the police in New York reported relatively few arrests, a stark contrast to the riots that unfolded in Ferguson in the hours after the grand jury decision was announced in the Brown case.

[SNIP]

The officer targeted by the Staten Island grand jury said in statement that he felt “very bad about the death of Mr. Garner,” just as he told 23 panelists of the grand jury when he testified before them for two hours on Nov. 21.

During the proceedings, jurors were shown three videos of the encounter and in his testimony Officer Pantaleo sought to characterize his actions in tackling Mr. Garner not as a chokehold, but as a maneuver taught at the Police Academy. He said that while holding onto Mr. Garner, he felt fear that they would crash through a plate glass storefront as they tumbled to the ground, said Stuart London, his lawyer. One of the officer’s arms went around Mr. Garner’s throat, as Mr. Garner repeatedly said, “I can’t breathe, I can’t breathe.”


LAPD CHIEF SAYS OFFICER SHOOTING OF UNARMED MAN AFTER CHASE VIOLATED DEPT. RULES

Back in California, LAPD Chief Charlie Beck says three officers’ fatal shooting of an unarmed man after a car chase was in violation of department policy. Officers opened fire after Brian Newt Beaird, a National Guard veteran, had turned away from them. The officers said they feared for their lives when they shot Beaird, but Chief Beck says the evidence suggests otherwise.

Now, Beck must decide if he is going to punish the officers (and if so, what level of punishment to hand out), or if their actions warrant firing them from the department.

The LA Times’ Joel Rubin has the story. Here’s a clip:

Although the details of their recollections differed, each officer told investigators essentially the same thing: He shot at Beaird because he thought Beaird was armed with a gun.

One officer, who fired eight rounds, said he believed Beaird was actually shooting at police. In a detailed account of Beaird’s movements, the officer said Beaird had reached under his shirt and seemed to be pointing an object back at the officers from beneath his clothing. That, coupled with the sound of gunshots, led the officer to conclude Beaird was shooting, according to the report.

Beck, however, found “the evidence and actual actions of the suspect” contradicted the officer’s account.

The other two officers both said they saw Beaird reach for his waistband and make “a jerking motion.” Fearing that he had grabbed a gun, the officers fired, the report said.

In judging the officers, Beck said he took into account that they went into the encounter knowing Beaird was seen reaching for an unknown object during the pursuit. He also highlighted the chaos of the scene, including a geyser of water from a broken hydrant and the din of helicopters.

Although the officers had only seconds to act in the difficult conditions, Beck ultimately found their decision to shoot was unreasonable. “Each officer is accountable for their own use of force,” he wrote.


APPEALS COURT SAYS DNA SWABS AFTER FELONY ARRESTS VIOLATE STATE CONSTITUTION

In a 3-0 ruling, the SF First Court of Appeal has struck down a California law requires DNA cheek swabbing of anyone arrested on suspicion of committing a felony. A related Maryland law upheld by the US Supreme Court mandates swabbing only once a person is charged with a serious felony. And unlike in California, the DNA info is removed from the database in the case of an acquittal or dropped charges.

Bob Egelko has more on the ruling for the SF Gate. Here’s a clip:

The First Court of Appeal in San Francisco had struck down the same law in 2011, but California’s high court ordered it to reconsider the case after the U.S. Supreme Court in June 2013 upheld a Maryland law requiring DNA samples from anyone charged with a serious felony. The majority in that 5-4 ruling said swabbing a suspect’s cheek for genetic material was a “minor intrusion” that served the same identification purposes as fingerprints, the argument Attorney General Kamala Harris also used to defend the California law.

But in Wednesday’s ruling, the appeals court said DNA samples, containing “the most personal and confidential information a person can possess,” are not used to identify suspects. Rather the samples, which typically take a month to analyze, while fingerprints take less than a half hour, are used to investigate suspects’ possible involvement in other crimes, as part of a national database accessible to police and the FBI.


TAKING THE EDGE OFF THE PRISON RAPE ELIMINATION ACT

The federal Prison Rape Elimination Act (PREA) was passed in 2003, and brought about a set of “zero-tolerance” standards to eliminate rape in state and federal prisons, which took a decade to nail down and approve.

In May of this year, states were required to either pass an audit, or promise to pass compliance in the future. Only two states passed their audits. States that refuse to comply altogether—as Texas and five other states have—forfeit 5% of their prison funding.

But a report released last Friday from the United Nations Committee Against Torture points out that the rates of sexual violence in US lock-ups have not changed much since 2007, and expresses concern at the mediocre implementation of PREA.

The Marshall Project’s Alysia Santo has more on the issue, and also highlights an under-the-radar battle to further delay PREA and throw out the financial consequences for noncompliance. Here’s a clip:

…A proposal that originated in the Senate Judiciary Committee would almost completely eliminate financial penalties for states that defy the rape prevention law. The proposal, written by Senator John Cornyn, Republican of Texas — the most vocally defiant state — was agreed on by the committee in an after-midnight session in September and was attached to an unrelated bill.

The bill carrying the PREA amendment failed to pass, but members of the National Prison Rape Elimination Commission, a federal body that spent years developing the PREA standards, say efforts are already underway to reintroduce the amendment during the next legislative session.

In a November letter to Attorney General Eric Holder, the Commission members requested a meeting to “discuss our grave concern about recent efforts to delay or weaken effective implementation” of PREA. So far, six states are refusing to comply with the standards: Arizona, Florida, Idaho, Indiana, Texas, and Utah. The letter goes on to point out that only two states have certified compliance, while forty-six states and territories have submitted assurances to eventually comply, which allows them to keep their funding.

“But those assurances will become hollow — and states and territories may not make them — absent the threat of financial penalties for failure to become compliant,” the Commission wrote.

Posted in Charlie Beck, DNA, LAPD, prison policy, racial justice | 6 Comments »

Helping Treatment Programs Access Funding, LAPD to Implement Discipline Recommendations, CA Attorney General Discusses Marijuana Legalization, and Montana Gets Gay Marriage

November 20th, 2014 by Taylor Walker

LA SUPES MOVE TOWARD MAKING IT EASIER FOR TREATMENT AND REHABILITATION PROGRAMS TO GET FUNDING

The LA County Board of Supervisors approved a motion by Supes Don Knabe and Mark Ridley-Thomas to look at possibilities for expanding eligibility requirements for the competitive bid process for county funding, so that community treatment programs that do great work serving at-risk kids, but don’t fit into the county’s “square peg” system, can still win crucial funding.

For instance, Don Knabe said he would like to find a way to provide funding for Homeboy Industries, which cannot engage in the county’s competitive bid process because participants are not referred to Homeboy. Instead, gang members seek help at Homeboy of the own volition.

KPCC’s Erika Aguilar has the story. Here’s a clip:

About 1,500 juvenile delinquents are released from Los Angeles county youth camps each year and the county spends at least $11 million annually on rehabilitation programs, according to Knabe’s office.

Most of the money goes to traditional “fee for service” programs where a juvenile offender is referred to a specific rehabilitation program after release from camp. Knabe referred to those programs as “square pegs” that fit the county mold because it’s easy to track which services were provided.

He said other successful programs that help troubled youth turn their lives around are left out.

“These are not square peg issues,” he said. “They are issues that have to be met with head-on services,” he said. “And you have to look at all the different models that may be out there.”


LAPD CHIEF CHARLIE BECK TELLS COMMISSION HE WILL IMPLEMENT RECOMMENDATIONS FROM DISCIPLINE SURVEY

An internal LA Police Department report released late last week analyzed a survey of 500 sworn officers and employees regarding the LAPD’s disciplinary practices.

Those surveyed said they felt the department discriminated based on gender, ethnicity, and rank. However, when analyzed, respondents’ perceptions of bias were not generally representative of the discipline data gathered by the department. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Yet the department figures show that, for the most part, referrals to the Board of Review and terminations of latino, white, black, and asian officers were proportionate to the department’s overall ethnic composition.

The report was presented to the LA Police Commission Tuesday. In response, Charlie Beck told the police commission the department would implement recommendations from the report. Among the recommendations to be put into effect are:

- Utilizing new penalty guidelines to ensure consistency and fairness
- Gathering and analyzing Board of Review and complaint data for potential bias
- Developing an anti-nepotism policy

Other reactions to the report were mixed at the commission meeting. LA Police Protective League president Tyler Izen said he felt department officials were unfairly blaming the survey results on officers’ inadequate understanding of discipline policies, and that the report was missing information.

LA police commission president Steve Soboroff said that the report did its job—putting numbers next to claims of gender, minority, or rank-related bias—and that it was not intended to analyze every type of disparate discipline claim (like favoritism by the chief).

The LA Times’ Richard Winton, Kate Mather, and Joel Rubin have more on the the issue. Here’s a clip:

The review looked for disparities in whether officers of certain ranks, gender, or race were ordered to the hearings and ultimately penalized, concluding that data showed there was little merit to the complaints of bias.

Left unexamined, however, was the vast majority of the LAPD’s misconduct cases, which are handled by officers’ commanders.

The president of the union that represents the department’s roughly 9,900 rank-and-file officers dismissed the report Monday as a disappointment.

Tyler Izen was critical of what he said were efforts by officials to blame officers’ concerns on their poor understanding of how the discipline system works.

“They are saying the employees don’t get it…I think [officers] are afraid they are going to be fired,” he said. “I would like to see all the raw data because this report doesn’t tell me much.”

Steve Soboroff, president of the Police Commission, acknowledged that some officers believe the discipline system favors those with connections. But he praised the report, saying that it did a good job of analyzing claims of bias based on gender, rank and ethnicity. He said it would have been impossible to quantify all the complaints of disparities in punishments.

“You’ve got a perception that if you’re a friend of the chief’s, then all of the sudden it’s better,” Soboroff said. “You can’t quantify that. How do you do the statistics on that? So that’s a perception issue for the chief to work on. Nobody else but the chief. And he knows that.”

[SNIP]

Capt. Peter Whittingham, an outspoken critic of Beck who has sued the department over retaliation that he claims he suffered for refusing to fire an officer at a discipline hearing, said the report was “deeply disappointing.”

“I thought this was an opportunity for real transparency and for the department to show it really wants to address the core issues raised by officers,” he said.

Questions about discipline had dogged Beck before Dorner surfaced. The chief clashed repeatedly with members of the commission over what they saw as the chief’s tendency to give warnings to officers guilty of serious misconduct and the department’s track record for handing down disparate punishments for similar offenses.


CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS TALKS MARIJUANA LEGALIZATION WITH BUZZFEED

California Attorney General Kamala Harris told Buzzfeed’s Adam Serwer that she has “no moral opposition” to marijuana legalization, and that it seems inevitable. Harris said a lot has to be figured out for California to make legalization a workable reality, and that she is glad that Oregon and Washington have been paving the way. Here’s a clip:

“I am not opposed to the legalization of marijuana. I’m the top cop, and so I have to look at it from a law enforcement perspective and a public safety perspective,” Harris told BuzzFeed News in an interview in Washington, D.C. “I think we are fortunate to have Colorado and Washington be in front of us on this and figuring out the details of what it looks like when it’s legalized.”

“We’re watching it happen right before our eyes in Colorado and Washington. I don’t think it’s gonna take too long to figure this out,” Harris said. “I think there’s a certain inevitability about it.”

[SNIP]

“It would be easier for me to say, ‘Let’s legalize it, let’s move on,’ and everybody would be happy. I believe that would be irresponsible of me as the top cop,” Harris said. “The detail of these things matters. For example, what’s going on right now in Colorado is they’re figuring out you gotta have a very specific system for the edibles. Maureen Dowd famously did her piece on that… There are real issues for law enforcement, [such as] how you will measure someone being under the influence in terms of impairment to drive.

“We have seen in the history of this issue for California and other states; if we don’t figure out the details for how it’s going to be legalized the feds are gonna come in, and I don’t think that’s in anyone’s best interest,” Harris said.


MONTANA BECOMES 34TH STATE TO ALLOW GAY MARRIAGE

On Wednesday, U.S. District Judge Brian Morris overturned Montana’s ban on gay marriage. Couples were immediately allowed to wed following the ruling. Congrats Montana (a state of which we at WLA are particularly fond)!

The Associated Press’ Lisa Baumann has the story. Here’s a clip:

The 9th U.S. Circuit Court of Appeals ruled in September that Idaho and Nevada’s bans are unconstitutional. Montana is part of the 9th Circuit, and Morris cited the appeals court’s opinion in his ruling.

“The time has come for Montana to follow all the other states within the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couples to equal protection of the laws,” he wrote.

Four same-sex couples filed a lawsuit in May challenging Montana’s ban. The plaintiffs included Angie and Tonya Rolando.

“Calling Tonya my partner, my significant other, my girlfriend, my perpetual fiancée has never done justice to our relationship,” Angie Rolando said. “Love won today.”

Posted in Charlie Beck, Homeboy Industries, LAPD, LAPPL, LGBT, Marijuana laws, Youth at Risk | No Comments »

CA’s Poorer Students Lose Weeks of Instruction…LAUSD Fires Lawyer Who Blamed 14-yr-old for Sex With Teacher….Kids, Trauma & Schools…and LAPD Braces for Ferguson Decision

November 19th, 2014 by Celeste Fremon


STUDY FINDS CA’S LOW INCOME HIGH SCHOOLS LOSE 25 DAYS OF INSTRUCTION A YEAR

Teachers in California’s “high poverty” high schools provide their students with an average of 25 fewer days of classwork per year than do their higher income school counterparts, according to a new study released Tuesday by UCLA’s Institute for Democracy, Education & Access (IDEA) and funded by the Ford Foundation.

This is the rough equivalent of shutting down classes in the state’s low income area schools as much as five weeks earlier than schools in more affluent areas.

The causes of this disparity in productive class time primarily fall into two categories, according to the UCLA report:

1. Incidental interruptions during each class period chip away at instructional time to the tune of around 1/2 hour per day in the state’s low income schools.

2. In this same way, in high poverty schools there are more in the way of large interruptions that cut into scheduled instructional time across the school calendar–things like emergency lockdowns, chronic teacher absences, overlong preparation for standardized tests, underprepared substitute teachers and more.

In addition there are community and personal sources of stress—unstable living conditions, neighborhood violence, concerns about safety, immigration issues, hunger—that can adversely affect a higher percentage of students’ ability to concentrate in high poverty schools than those affected in low poverty schools.

The result is a measurable lack of equality of opportunity, say the study’s authors:

“California holds students to a common set of assessment standards and requirements for university admission,” write UCLA researchers John Rogers & Nicole Mirra in the conclusion of their report. “Yet students have access to markedly different amounts of instructional time depending on the neighborhood in which they live. It is true that schools can use available learning time in more or less effective ways. But the amount of available learning time creates a ceiling, limiting the capacity of the school to promote student achievement and development.”

Jill Barshay writing for the Hechinger Report has more on the study. Here’s a clip:

Interruptions, substitute teachers and test prep account for a large portion of the lost instructional time, according to a UCLA study released Nov. 18, 2014.

“These findings push us to think again about inequality in the schools,” said UCLA education professor John Rogers, a co-author of “It’s About Time: Learning Time and Educational Opportunity in California High Schools,” published by UCLA’s Institute for Democracy, Education and Access. “You have a quarter of the kids [here] in schools with concentrated poverty, and you see how unequal learning time is for these students.”

The inequities outlined in this report have little to do with school funding. In California, the state plays a large role in allocating school funds. That reduces the ability of wealthy towns to fund their schools more than low-income communities can.

“Differences in learning time between high and low poverty schools might actually be much more pronounced in states where high poverty schools receive less funding than schools in more affluent communities,” said Sanjiv Rao, a program officer at the Ford Foundation, which funded the UCLA study.

[SNIP]

A common disruption, for example, was a phone call from the main office during a lesson. Teachers reported that simple routines, such as settling the class down or distributing materials, take longer at high poverty schools. It may take only a minute, but the minutes add up. In a high poverty school, about 18 minutes per period are lost this way, compared with 13 minutes in a low poverty school — a five minute difference per class period….


LAUSD BELATEDLY FIRES LAWYER WHO ARGUED THAT 14-YEAR-OLD MIDDLE-SCHOOL GIRL WAS OLD ENOUGH TO SAY YES TO SEX

Last week, KPCC’s Karen Foshay broke the story that one of LAUSD’s hired gun law firms had argued in a civil suit in August that a 14-year-old student was mature enough to consent to having sex with her 28-year-old teacher—hence the district shouldn’t be liable for any of the teenager’s alleged injuries.

The former math teacher, Elkis Hermida, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison.

The district’s attorney in the matter, W. Keith Wyatt of Ivie, McNeill & Wyatt, also brought the middle-schooler’s past sexual experience into court. (One is legally prohibited from such trash-the-victim tactics in adult rape cases, but evidently all bets are off in civil cases brought by the parents of young teenagers whose teachers had felonious sex with their students.)

Here are some clips from that first story:

“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

Not content to stop there, Mr. Wyatt went on to opine:

“Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher,’” Wyatt told KPCC.

In any case, last Friday, embarrassed LASD officials announced that they wouldn’t work with attorney Wyatt anymore but that they would continue to work with his firm—which was representing the district in a bunch of cases.

Then on Tuesday, KPCC’s Karen Foshey and Paul Glickman reported that LAUSD had changed its mind and was now yanking most of the cases.

Here’s a clip that explains the deal:

When LAUSD said it would cut its ties with Wyatt, it said it would maintain its relationship with his firm, Ivie, McNeill & Wyatt, which was representing the district in 18 cases.

On Tuesday, LAUSD spokesman Sean Rossall told KPCC that Wyatt had been counsel on all 18 cases. His firm will continue representing the school district in four of the cases, but Wyatt will no longer be handling them, Rossall explained. The remaining 14 cases “are being reassigned to other firms,” he said.

There has also been fallout in Sacramento from KPCC’s report. State Senator Ted Gaines (R-Roseville) said that he intends to introduce legislation to ensure that lawyers will not be able to argue in civil cases that a minor is mature enough to consent to sex with an adult.

Let us hope that such sensible legislation will pass.


DR. NADINE BURKE HARRIS ADVISES SCHOOLS DEALING WITH STUDENTS & CHILDHOOD TRAUMA: “DON’T MAKE THINGS WORSE.”

Dr. Nadine Burke Harris, the San Francisco pediatrician and researcher who has become a national expert on the effect of “adverse childhood experiences”—or ACEs—on a kid’s future health and behavior, spoke last week at the Colorado Children’s Campaign. Prior to the event, Burke Harris was interviewed by Ann Schimke at Chalkbeat Colorado about kids and toxic stress and how schools can unintentionally make things worse.

(WitnessLA wrote about Burke Harris and childhood trauma here.)

Here’s a clip from the conversation:

…First of all, the canary in the coal mine is behavior and learning issues. One of the things we know is that kids who are exposed to high doses of adversity are much more likely to have problems with impulse control, are much more likely to have difficulty with recovery post-provocation, more likely to have difficulty with attention, and sometimes going so far as having learning difficulties.

For the study that was published by myself and a colleague, our kids who had four or more adverse childhood experiences, they were twice as likely to be overweight or obese. We also see recent data out of California…if you have an ACE score of four or more you have twice the lifetime risk of asthma.

What role should schools play or are they already playing in dealing with this issue in a proactive way?

The first really important role that schools have is not making things worse. I know that sounds awful, but really understanding that punitive school discipline policies do not reflect an understanding of the science of how adversity affects the developing brain. I think it’s really important for schools to respond thoughtfully.

The hours that a child spends in school are really an opportunity for establishing safe and healthy relationships, which can also be profoundly positive in terms of coming up with solutions to the issue of adverse childhood experiences and toxic stress.

One of the big things is just thinking about ways to establish a safe and healthy school climate that’s not punitive, and informing some of those policies with the emerging science and research around ACES and toxic stress.

How are schools doing in addressing this issue and creating a safe and healthy environment ?

There are certainly some schools that are models…One of the things we see that makes a world of difference in the school environment is having a school leader who recognizes adverse childhood experiences and toxic stress as a major issue that affects educational attainment and is willing to … take that on. I think that has everything to do with the leadership.


LAPD BRACES FOR DEMONSTRATIONS AFTER FERGUSON GRAND JURY ANNOUNCEMENT

Calls have already gone out for a peaceful rally at Leimert Park (Crenshaw and Vernon) following the Missouri grand jury announcement expected later this month regarding whether or not Ferguson police officer Darren Wilson will be indicted in the controversial shooting of black teenager Michael Brown.

Like law enforcement agencies all over the country, the Los Angeles Police Department is preparing for reactions to the grand jury’s decision, but Chief Charlie Beck also expressed hope that recent meetings by department members with LA’s most affected communities will aide in keeping the city calm.

The LA Times’ Kate Mather has more on the story. Here’s a clip:

Police departments nationwide are bracing for the grand jury’s decision — expected by the end of the month — in the killing of Michael Brown by a white police officer. The August shooting in Ferguson, Mo., sparked protests nationwide along with criticism of police.

Beck told the city’s Police Commission that his department is “working very closely” with authorities in Missouri and hoped to get “some advance notice of the decision and the announcement.”

“This is an issue that we’re all concerned with,” he said.

The LAPD has also stepped up community outreach in anticipation of the decision, Beck said, and is prepared to deploy extra patrols when it comes.

“We will facilitate lawful demonstrations, just as we always do,” he told reporters after the meeting. “But we will not, and cannot, condone violence or vandalism. We want to help people to express their opinions, but we want them to do it lawfully.”

Beck stressed his hope that the outreach efforts would help quell potential violence in Los Angeles.

“I believe that the relationships with the Los Angeles Police Department and the communities that are most concerned is very strong,” the chief said.

Posted in Civil Liberties, Civil Rights, crime and punishment, Education, LAPD, LAUSD, race, racial justice, School to Prison Pipeline, Trauma | No Comments »

LAPD Discipline Survey, the Marshall Project Launch: Missed Habeas Corpus Deadlines, and CA Ordered to Start Paroling Second-Strikers,

November 17th, 2014 by Taylor Walker

LAPD SURVEY SHOWS OFFICERS FEEL THEY ARE UNFAIRLY, INCONSISTENTLY DISCIPLINED

An LA Police Department discipline survey of 500 officers and civilian workers in response to former LAPD officer Christopher Dorner’s rampage over his alleged biased termination from the department. While the department found the firing of Dorner justified upon review, it opened up a discussion among other officers who felt they had experienced discriminatory or otherwise unfair discipline.

The survey indicated that officers and other employees commonly feel the LAPD discriminates based on gender, ethnicity, and rank. But the results were mixed, in some cases. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Similar contradictory opinions were given regarding female officers.

A considerable number of officers felt the department takes too many complaints made against officers, particularly ones that are “obviously false.” According to the survey, a yearly average of 28% of LAPD employees have at least one complaint filed against them.

The survey recommends updating and distributing complaint, discipline, and penalty guides, as well as regularly gathering and analyzing department data on these issues.

KPCC’s Erika Aguilar has more on the report. Here’s a clip:

The survey was done shortly after former LAPD officer Christopher Dorner was killed in February. The disgruntled ex-officer murdered four people and prompted a massive manhunt before fatally shooting himself during a standoff in the San Bernardino Mountains.

Though officers expressed disgust with Dorner’s actions, some said his grievances about disciplinary bias within the police department sounded legitimate. After a review of Dorner’s disciplinary hearing, the department declared his firing was justified.

The LAPD asked focus groups of employees to give anonymous feedback using a computer system. A group of academics and human relations consultants analyzed the feedback to look for trends.

Below is a sampling of some of the comments published in the survey report.

“Females are held to a lesser standard due to fear of lawsuits or claims of bias.”

“Race is a factor in the discipline system.”

“The media and public pressure have a direct impact on how discipline investigations are handled.”

“Discipline is not imposed when it involves managers and supervisors.”

L.A. Police Chief Charlie Beck has been criticized for inconsistent discipline for several years now. It surged in the last year or so when a few LAPD captains filed lawsuits alleging unfair discipline and retaliation, saying Beck did not follow top brass recommendations for disciplining other officers. It has been one of the complaints of the L.A. police union that represents the rank-and-file.

The LA Times’ Joel Rubin and Jack Leonard also reported on the survey. Here’s a small clip:

The report…contained data that raised doubts about some of those perceptions of bias. Statistics compiled by the LAPD show that the ethnic, gender and rank breakdown of officers sent to disciplinary panels for suspensions or termination roughly matches the demographics of the LAPD as a whole. White officers, for example, make up 36% of the department and 35% of officers sent to a Board of Rights disciplinary hearing for a lengthy suspension or termination. Black officers account for 12% of officers and 14% of those sent to such hearings.

LAPD Chief Charlie Beck ordered the report more than 20 months ago after Dorner, an ex-LAPD officer, went on a shooting rampage across Southern California, killing police officers as well as the daughter of an LAPD captain and her boyfriend. In a rambling online document, Dorner claimed that he was seeking retribution after being unfairly fired and was the victim of racial discrimination within the department.

The civilian Police Commission is expected to review the report at a meeting next week.


NON-PROFIT PUBLICATION, THE MARSHALL PROJECT, LAUNCHES WITH TWO-PART SERIES ABOUT DEATH ROW ATTORNEYS MISSING LAST-CHANCE APPEAL DEADLINES

Ken Armstrong, of the new non-profit news organization launched over the weekend, the Marshall Project, has an excellent two-part series in the Sunday Washington Post about what happens when lawyers miss the final deadline for their death row clients’ last-chance appeal.

The first story tells of the 80 death penalty cases in which lawyers miss the final appeal deadline, by an average of nearly two and a half years (but in several cases by a single day). Of these 80 death row inmates thus denied habeas corpus, 16 have been executed. The reasons attorneys miss the cut off run the gamut from failing to overnight documents, to misunderstanding the complicated habeas law, to neglect. Here are some clips:

An investigation by The Marshall Project shows that since President Bill Clinton signed the one-year statute of limitations into law — enacting a tough-on-crime provision that emerged in the Republicans’ Contract with America — the deadline has been missed at least 80 times in capital cases. Sixteen of those inmates have since been executed — the most recent was on Thursday, when Chadwick Banks was put to death in Florida.​

By missing the filing deadline, those inmates have usually lost access to habeas corpus, arguably the most critical safeguard in the United States’ system of capital punishment. “The Great Writ,” as it is often called (in Latin it means “you have the body”), habeas corpus allows prisoners to argue in federal court that the conviction or sentence they received in a state court violates federal law.

For example, of the 12 condemned prisoners who have left death row in Texas after being exonerated since 1987, five of them were spared in federal habeas corpus proceedings. In California, 49 of the 81 inmates who had completed their federal habeas appeals by earlier this year have had their death sentences vacated.

The prisoners who missed their habeas deadlines have sometimes forfeited powerful claims. Some of them challenged the evidence of their guilt, and others the fairness of their sentences. One Mississippi inmate was found guilty partly on the basis of a forensic hair analysis that the FBI now admits was flawed. A prisoner in Florida was convicted with a type of ballistics evidence that has long since been discredited.

[SNIP]

Some of the lawyers’ mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help.

The right of condemned inmates to habeas review “should not depend upon whether their court-appointed counsel is competent enough to comply with [the] statute of limitations,” one federal appeals judge, Beverly B. Martin, wrote in an opinion earlier this year. She added that allowing some inmates into the court system while turning others away because of how their lawyers missed filing deadlines was making the federal appeals process “simply arbitrary,” she added.

In the second story, Armstrong explains how only the death penalty inmates suffer the consequences of these lawyers’ missed deadlines. Here’s a clip:

Among the dozens of attorneys who have borne some responsibility for those mistakes, only one has been sanctioned for missing the deadline by a professional disciplinary body, the investigation found. And that attorney was given a simple censure, one of the profession’s lowest forms of punishment.

The lack of oversight or accountability has left many of the lawyers who missed the habeas deadlines free to seek appointment by the federal courts to new death-penalty appeals….

In 17 of the country’s 94 federal judicial districts, special teams of government-funded lawyers and investigators monitor the capital cases coming out of their state courts to make sure deadlines are recognized and met. In some other districts, the federal defender’s office helps to evaluate the private attorneys who might be appointed to handle those appeals.

But for lawyers outside the government, the work is difficult and often unpopular, with limited funds available for investigators and experts. And in most districts, where judges screen candidates themselves or with the help of review committees, the quality of legal counsel varies widely.

Federal judges sometimes appoint lawyers “who are not good enough to handle these cases,” says habeas expert Randy A. Hertz, a professor at the New York University School of Law.

However well-meaning, such lawyers may be inexperienced or overmatched. Some may know the judges who make the appointments, but not the voluminous and complex law surrounding habeas corpus. Others have been found to have mental-health problems, substance-abuse issues or other complications that were missed in their screening.

In about one-third of the 80 cases where habeas deadlines were missed, the federal courts eventually allowed prisoners to go forward with their appeals, often because their attorneys’ failures went beyond what the courts would categorize as mere negligence.

Yet even when attorneys have been chastised in federal court rulings for work described as “inexcusable” or “deeply unprofessional,” they have managed to evade any discipline from bar associations or other agencies. One lawyer castigated by the U.S. Supreme Court for “serious instances of attorney misconduct” still has an unblemished disciplinary record.

A prominent death-penalty defense lawyer, Gretchen Engel of the Center for Death Penalty Litigation in North Carolina, offered a simple reason for the discrepancy between the magnitude of some lawyers’ mistakes and the paltry consequences they face: “The people who were hurt by it are prisoners.”

The Huffington Post’s Michael Calderone speaks with Marshall Project founder Neil Barksy and editor Bill Keller (formerly NY Times editor-in-chief) about the Marshall Project, its mission, and what we can expect from the new publication. Here are some clips:

Neil Barsky has taken on varied roles over the years, from Wall Street Journal reporter to Wall Street analyst, hedge fund manager to documentary filmmaker. Now he has returned to the newsroom as founder and chairman of The Marshall Project, a nonprofit news organization covering criminal justice and edited by New York Times veteran Bill Keller.

Barsky’s interest in criminal justice and the inequities of the U.S. system was ignited in recent years by two books: The New Jim Crow, which tackles mass incarceration and the over-representation of African-Americans in prison, and Devil in the Grove, which focuses on a 1949 rape case fought by Thurgood Marshall, then head of the NAACP Legal Defense and Educational Fund and later the first black Supreme Court justice. The project gets its name from Marshall — and for Barsky, its inspiration.

In an interview at The Marshall Project’s midtown New York offices before Sunday’s launch, Barsky said he wants to push criminal justice issues into the national spotlight. There’s a lack of urgency in dealing with the system’s flaws, he said, despite “how abysmal the status quo is.”

[SNIP]

Keller said he likes coming out of the gate with Armstrong’s piece because it shows readers that The Marshall Project won’t expose flaws in the system only when they concern the wrongly convicted.

“The easiest way to get reader sympathy is to write about people who are innocent,” Keller said. “Everybody feels a sense of unfairness if the law sends somebody away to jail for something they didn’t commit.”

Keller recalled how early on, he and Barsky visited different advocacy organizations, including the Innocence Project, which fights to exonerate those wrongly convicted through DNA evidence. After their meeting, Keller recalled that Barsky said, “You know, we’re sort of the Guilt Project.”

“Most of what we’re going to write about is people who are not innocent,” Keller said. “But people who are not innocent are entitled to a fair trial. They’re entitled to not being raped when they get to prison. They’re entitled to competent defense. They’re entitled to prosecutors who don’t withhold exonerating information. They’re entitled to cops who follow Miranda. All these things that are built into our criminal justice system are there for the guilty as well as the innocent. That’s one of the reasons I particularly liked this piece as a debut.”


FEDS ORDER CALIFORNIA TO START PAROLE HEARINGS OF INMATES WITH NON-VIOLENT SECOND-STRIKE FELONIES

On Friday, federal judges ordered California to begin early parole hearings for non-violent second-strike felons by January, overriding the state’s projected hearing launch time-frame of July 2015. The state has been meeting mini-goals set toward a two-year population reduction goal by expanding parole and sentence reduction programs and policies. But because the prison population is still expected to grow, the federal judges are pushing for more lasting solutions. (For backstory on California’s prison population problems, go here, and here.)

The LA Times’ Paige St. John has more on the topic. Here’s a clip:

In February, California officials were ordered to take a number of steps to reduce inmate numbers. At the same time, federal judges agreed to the state’s request for a two-year extension to meet population caps the courts had been trying to enforce for years.

Gov. Jerry Brown’s corrections department did move thousands of inmates out of state-owned prisons while expanding parole programs for frail and elderly inmates. Corrections officials also increased the sentence reductions some nonviolent felons could earn.

Those moves cut California’s prison population by 1,000 inmates, meeting short-term goals even though state projections show inmate numbers will continue to rise. Judges had sought additional actions to produce a “durable” long-term solution.

The California Department of Corrections and Rehabilitation has failed to adopt those steps, including the granting of early parole to second-strikers, the judges noted. In October, prison officials told judges that creating such a parole program was “a time-consuming process” and moving faster would “endanger the public.” They did not expect to finish until July 2015.

In an order several weeks ago, the judges said they were “skeptical” of such a delay. On Friday, they gave the state until Dec. 1 to finish plans for the parole program and ordered it in place by January.

Posted in Charlie Beck, criminal justice, Death Penalty, journalism, LAPD, The Feds | No Comments »

Gov. Brown’s Realignment, LAPD Investigating Use-of-force Incident, Exoneree Wins $41.6 Million, and a Bryan Stevenson Essay

October 27th, 2014 by Taylor Walker

LOOKING AT REALIGNMENT AS WE HEAD INTO NOVEMBER ELECTIONS

As Gov. Jerry Brown seeks reelection on Nov. 4, California Report’s Scott Shafer takes a look at the state of criminal justice in California under Brown, particularly with regard to Realignment (AB 109). Many critics argue prison realignment was implemented too quickly, without adequate advanced planning, and thus left counties to struggle with little preparation under the burden of supervising and housing would-be state prisoners.

California counties received a combined $2 billion to adapt to realignment, yet the various counties are not using the money uniformly. Some are funneling the money into rehabilitation, reentry, and diversion programs as reformers had hoped they would, while others have beefed up their sheriff and probation staff. And still other counties have used the money to build new jails able to handle the influx of inmates serving longer sentences than preexisting county facilities were designed to house.

Three years after its launch, in short, the jury is still out. Even supporters agree we won’t really know if realignment had the effects proponents had hoped for until years from now.

Here’s how Shafer’s story opens:

It’s not the focus of this year’s campaign for governor, but under Jerry Brown the state’s approach to criminal justice has gone in a dramatically new direction.

Underlying it all: too many inmates and too few cells.

In 2006, Gov. Arnold Schwarzenegger warned the state Legislature that the prisons were powder kegs.

“Our prisons are in crisis,” the governor said. “We have inherited a problem that has been put off year after year after year.”

Schwarzenegger did take steps to reduce the inmate population, but not nearly enough to satisfy the federal courts. Finally, in 2011, with the state’s back to the wall, the Legislature passed the most fundamental reform of California’s criminal justice system in more than a generation.

AB109, known as “realignment,” transferred responsibility for tens of thousands of low-level criminals from state prisons to county jails and probation officers.

These perpetrators of non-serious, non-sexual, nonviolent crimes would now become the responsibility of local law enforcement officials, rather than the state.

“Probation [departments] were not ready,” says U.C. Berkeley criminologist Barry Krisberg, who for years has advised the Legislature on criminal justice matters.

Krisberg says California adopted realignment so fast that counties struggled to keep their heads above water.

“I mean, if you had done this logically, you would’ve announced to everyone, ‘We’re gonna do it.’ You probably would have spent a year or so planning it out, training and making it happen,” Krisberg says.

“But that’s not how realignment happened. It just happened.”

Five months after Brown signed AB109 (and a companion bill, AB117), realignment took effect.


LAPD OFFICER ALLEGEDLY KICKED RESTRAINED SUSPECT IN THE HEAD

An LAPD officer has been accused of kicking 22-year-old Clinton Alford in the head while he was being restrained on the ground by other officers. Police officials were able to view footage of the incident taken by a nearby store’s security camera. The officials said Alford was not resisting arrest, and one viewer described it as “a football player kicking a field goal.” The police officer (as well as three other officers and a sergeant) has been relieved of duty with pay pending the investigation. The officer’s lawyer said the kick landed on Alford’s shoulder and was an acceptable use of force.

The LA Times’ Joel Rubin has the story. Here’s a clip:

Alford said he was riding his bicycle on the sidewalk along Avalon Boulevard near 55th Street when a car pulled up behind him. A man shouted a command to stop, but Alford said he continued pedaling because the man did not identify himself as a police officer. When someone grabbed the back of the bike, Alford said he jumped off and ran.

After a short foot pursuit, two officers caught up to Alford. Footage from the security camera on a nearby building captured Alford voluntarily laying down on the street and putting his hands behind his back, according to several people who viewed the recording. The officers restrained Alford, who made no movements and did not resist, the sources said.

Seconds later, a patrol car pulled up and a uniformed officer, who the sources described as “heavyset” or “very large,” rushed from the driver’s side, according to sources. The officer moved quickly over to Alford, who was still held on the ground by the other officers, and immediately stomped or kicked, the sources said.

The officer then dropped to the ground and delivered a series of strikes with his elbows to the back of Alford’s head and upper body, sources said. Alford’s head can be seen on the video hitting the pavement from the force of the strikes, two sources recounted. Afterward, the officer leaned his knee into the small of Alford’s back and, for a prolonged period, rocked or bounced with his body weight on Alford’s back, the sources said. At one point, the officer put his other knee on Alford’s neck, a source said.

Throughout much of the altercation, two officers restrained Alford but eventually they moved away.

Two officials who viewed the video said it was clear to them Alford was handcuffed as soon as he got on the ground. Others said it is difficult to tell from the video when Alford was placed in handcuffs.

Alford said he had already been handcuffed when he was first kicked.

When it was over, Alford’s body was limp and motionless, according to sources who viewed the video. It took several officers to carry him to a patrol car, they said.

“He looked like a rag doll,” one person said of Alford.

Gary Fullerton, an attorney representing the officers, declined to discuss details of the incident but disputed that Alford had his hands behind his back when the officers used force.


INNOCENT MAN RECEIVES $41.6 MILLION FOR 15 YEARS IN PRISON, UNPRECEDENTED PAYOUT

A New York man, Jeff Deskovic, won $41.6 million in a lawsuit against Putnam County and the sheriff’s investigator who coerced his false confession. Deskovic was exonerated in 2006 of raping and killing a 15-year-old schoolmate, for which he spent 15 years in prison.

While Deskovic’s sum is reportedly the largest in US history, in a whopping 21 states, people who are exonerated after spending years in prison do not receive any compensation at all. In states that do pay, it takes years for the money to work its way through the court system, and in many cases the payouts are capped to prevent large payouts like Deskovic’s. Most Exonerees are not even given the reentry assistance provided to other released inmates.

The NY Daily News’ Stephen Rex Brown has the story on Deskovic. Here’s a clip:

Deskovic was given three lie detector tests over the course of a six-hour interrogation in which he eventually confessed.

He said on the stand this week in federal court in White Plains that he was scared for his life during the ordeal.

He was convicted in 1991 after prosecutors successfully argued that Deskovic did the deed — despite DNA taken from semen on the body that didn’t match the teen’s.


EXCERPT FROM BRYAN STEVENSON’S NEW BOOK

We introduced you to Bryan Stevenson last week, and didn’t want you to miss this essay by Stevenson in the NY Times Magazine that was adapted from his new book, Just Mercy: A Story of Justice and Redemption.

Here’s a clip (it’s a short one, so be sure to go read the rest):

“The lawyers at S.P.D.C. sent me down to tell you that they don’t have a lawyer yet,” I said. “But you’re not at risk of execution anytime in the next year. We’re working on finding you a lawyer, a real lawyer.”

He interrupted my chatter by grabbing my hands. “I’m not going to have an execution date anytime in the next year?”

“No, sir. They said it would be at least a year.” Those words didn’t sound very comforting to me. But he just squeezed my hands tighter.

“Thank you, man,” he said. “I mean, really, thank you! I’ve been talking to my wife on the phone, but I haven’t wanted her to come and visit me or bring the kids because I was afraid they’d show up and I’d have an execution date. Now I’m going to tell them they can come and visit. Thank you!”

I was astonished. We began to talk. It turned out that he and I were exactly the same age. He told me about his family and his trial. He asked me about law school and my family. We talked about music and about prison. We kept talking and talking, and it was only when I heard a loud bang on the door that I realized I had stayed long past my allotted time. I looked at my watch. I had been there three hours.

The guard came in and began handcuffing him; I could see the prisoner grimacing. “I think those cuffs are on too tight,” I said.

“It’s O.K., Bryan,” he said. “Don’t worry about this. Just come back and see me again, O.K.?”

I struggled to say something appropriate, something reassuring. He looked at me and smiled. Then he did something completely unexpected. He closed his eyes and tilted his head back. I was confused, but then he opened his mouth, and I understood. He had a tremendous baritone that was strong and clear.

Lord, lift me up and let me stand,

By faith, on heaven’s tableland;

A higher plane than I have found,

Lord, plant my feet on higher ground.

Posted in Innocence, LAPD, Paul Tanaka, prison, Realignment, Reentry | 1 Comment »

CA Prisons Halt Race-based Lockdowns, Inequality for San Bernardino Gay and Trans Inmates, LAPD Fires Detective, and LA Jails Use-of-force #s

October 23rd, 2014 by Taylor Walker

CDCR TO STOP LOCKING INMATES DOWN BASED UPON RACE, AND WILL ALLOW EXERCISE DURING LONG LOCKDOWNS

On Wednesday, the California Department of Corrections and Rehabilitation agreed to stop race-determined prisoner lockdowns, settling a 2008 lawsuit on behalf of male inmates.

The settlement says lockdowns will now apply to everyone “in the affected area” after a riot or violent incident, or will be conducted by assessing individual threat. The CDCR also agreed to give outdoor recreation time to inmates in the event of a lockdown lasting more than 14 days.

The LA Times’ Paige St. John has the story. Here’s how it opens:

When a group of prisoners attacked two guards at California’s High Desert State Prison in 2006, the warden declared a full lockdown that confined African Americans in one wing of the prison to their cells, and kept them there for 14 months.

No outdoor exercise. No rehabilitation programs or prison jobs.

This week, California agreed to give up its unique use of race-based punishment as a tool to control violence in its crowded prisons. Corrections chief Jeffrey Beard and lawyers for inmates have settled a six-year-long civil rights lawsuit, filed in 2008, over the High Desert lockdown.

The case was eventually widened to cover all prisoners and lockdown practices that had become common statewide. The agreement now goes to a federal judge for expected approval.


ACLU SUES SAN BERNARDINO FOR CONFINING GAY AND TRANSGENDER PEOPLE, DENYING THEM AVAILABLE PROGRAMS

A new ACLU class action lawsuit filed Wednesday accuses San Bernardino County of refusing gay, bisexual, and transgender inmates education, work and rehabilitation programs to which other inmates have access. According to the suit, GBT inmates at West Valley Detention Center are locked in their cells for 22 hours per day, unable to participate available programs. Jail officials say GBT inmates are segregated for their protection, but the ACLU says there’s no excuse for denying access to programs that may help inmates shave off lockup time or help them prepare for successfully returning to their communities.

Here’s a clip from the ACLU’s site:

The denials of education, work and rehabilitation are particularly galling, as participation in these programs can not only reduce the time they serve, but can also facilitate their integration back into society, reducing recidivism rates and the strain on our already overburdened criminal justice system.

Although in most instances WVDC staff have claimed that this harsh treatment is for their “protection,” protective custody and equal protection are not mutually exclusive. Jails and prisons cannot justify discriminatory treatment of LGBT prisoners under the guise of keeping them “safe.”

While there can be no doubt that LGBT prisoners are often vulnerable to harassment and assaults by other prisoners and many need protection, it is both possible and imperative that our correctional facilities ensure the safety of their charges while providing equal access to programs, privileges and facilities, as required by the Prison Rape Elimination Act and our constitutional guarantee of equal protection.

Jails are simply not Constitution-free zones.

For further reading, the San Bernardino Sun’s Ryan Hagen has some good reporting on the alleged inequality (and harassment from deputies) faced by West Valley inmates.


FRANK LYGA FIRED FROM LAPD FOR CONTROVERSIAL COMMENTS

On Wednesday, LAPD Chief Charlie Beck signed paperwork to fire detective Frank Lyga, who was accused of making inappropriate and racist remarks during a department training session. (Backstory: here.) Lyga is reportedly considering appealing or filing a lawsuit.

ABC7′s Elex Michaelson has the story. Here are some clips:

Ira Salzman, Lyga’s attorney, confirmed on Wednesday that LAPD Chief Charlie Beck signed paperwork to fire Lyga, who had been on home duty with pay since June.

“We didn’t get an opportunity to present our appeal,” Salzman said, adding that the firing was unfair. “Horribly disappointed.”

[SNIP]

In a letter to LAPD investigators, Lyga said he deeply regretted his poor judgment. He said there’s no excuse for what he did, but he learned valuable lessons.

“By no means does Frank, to his everlasting credit, or I say it’s OK what he said. It wasn’t OK,” Salzman said. “But that doesn’t at all justify a termination over words.”

Community activist Jasmyne Cannick, the blogger who first posted the recording online, disagreed with Salzman, saying in a statement, “Detective Frank Lyga wrote his own termination when he said what he said.”


YEAR-TO-DATE LOS ANGELES JAILS USE-OF-FORCE STATISTICS

New LA County Sheriff’s Department statistics show use-oF-force in county jails rose 11% so far this year. It’s not yet clear that this number is significant. The numbers were reported to the LA County Board of Supervisors on Tuesday. According to LASD officials, the spike may be attributed to a number of things, including more thorough use-of-force reporting.

The jail that reported the highest percentage jump in use-of-force incidents, 40%, was at Castaic’s North County Correctional Facility, while Twin Towers actually saw a reduction of 12% over last year’s numbers. You can view the rest of the statistics here (on page five).

KPCC’s Frank Stoltze has more on the numbers. Here are some clips:

The biggest increase occurred at North County Correctional Facility in Castaic, where Sheriff’s deputies used force against inmates 65 times – a 40 percent increase compared to the same period last year. The jail holds about 3,900 inmates.

“I’m not sure if the actual use of force is up, or if we’re doing a better job reporting it,” said Assistant Sheriff Terri McDonald, who oversees the county’s sprawling jail system. “But I’m concerned it’s up.”

[SNIP]

In all, deputies used force 512 times during the first nine months of the year. Most of the incidents — 352 — involved “control holds” or the use of chemical agents like Mace. Punches, kicks, the use of Tasers or batons, “and/or any use of force which results in an injury or lasting pain” accounted for 157 incidents.

Three incidents involved shootings, strikes to the head, “and/or any force which results in skeletal fractures and/or hospitalization.”

In 53 cases, inmates accused deputies of using excessive force. The department determined 42 allegations were unfounded, ten remain under review, and one was determined to be true.

Posted in ACLU, CDCR, LAPD, LASD, LGBT, prison policy, solitary | 46 Comments »

LAPD Lets Kids Be Superheros, Ghouls, Princesses and More….Zev’s New Mental Health Diversion Program…The Madness of 10-Year-Olds Tried as Adults…& Ben Bradlee R.I.P.

October 22nd, 2014 by Celeste Fremon



On Tuesday afternoon, members of the Pacific Division of the Los Angeles Police Department
handed out dreams and fantasies to several hundred local kids in the form of free Halloween costumes.

Both the LAPD and the LA County Sheriff’s Department do gift giveaways for needy families at Christmas, but handing out free Halloween outfits to kids from surrounding low income neighborhoods is a bit more unusual.

However, the department’s Pacific Division was offered a huge stash of children’s costumes by a long-time costume emporium owner named Bonnie Mihalic, who was retiring and said she wanted to do something for the community. So the LAPD folks grabbed the opportunity.

Fast forward to Tuesday afternoon at 3:30 pm when a whole lot of kids ranging in age from toddlers to 14-year-olds showed up with their parents at one of the two giveaway locations for the chance to pick out their very own fantasy get-ups—and maybe a nice scary mask.

LAPD Officer Marcela Garcia was one of the dozen department members who, together with a cluster of police cadets (plus the staffs of the Mar Vista Family Center and the Mar Vista Gardens Boys and Girls Club, where the giveaways took place) helped kids find the ensembles of their dreams.

“It was unbelievable,” said Garcia when we spoke just after the two events had wrapped up. “We had 300 children at the Mar Vista Family Center alone!”

And each of the kids at both locations got a costume, she said—with some left over to be further distributed before Oct. 31. Kids could chose from Disney and fairy tale figures, super heroes, ninjas, film and TV characters, princesses, monsters, famous wrestlers, and lots, lots more.

“The pre-teen boys really liked the scary costumes,” Garcia said. “Things like the ghost in the movie Scream. When they’d find what they wanted and try on their masks, they’d turn to us and make roaring or growling sounds. It was great!”

The fact that each kid got to wander around and select exactly the costume that he or she wanted–without worrying about monetary considerations— seemed to be particularly exhilarating for all concerned.

The officer remembered one four-year-old who was over-the moon about finding the right Cinderella costume. “She was so excited. She said, ‘Mom, I’m going to be a princess!’”

Garcia, who has been a Senior Lead Officer at Pacific Division for the past four years, said she grew up in East LA in a low-income neighborhood where most parents didn’t have the budget for frivolities like costume buying. As a consequence, she understood the kids’ delight in a personal way.

So what kind of costume would Officer Garcia have wanted out of Tuesday’s array, if she had come to a similar event as a child?

Garcia didn’t need to think at all before answering. “If I could go back in time, there was an Alice in Wonderland costume here that would have been the one. I was a big fan of both that book and the movie as a child. I loved the adventures that Alice had.”

Garcia also confided that she’d known she wanted to be in law enforcement since she was seven-years-old. That was the year a female LAPD police officer came in uniform to her elementary school’s career day. “From that day on I knew…”

The recollection points to why Garcia is strongly in favor of department-sponsored community events like this one. “When we get to engage with community members on a completely different level and get a look into their lives and concerns…When we see each other just as people…It can make a big difference.”

Yep. We think so too.


ON HIS WAY OFF THE (SUPERVISORIAL) STAGE, ZEV YAROSLAVSKY INSTITUTES A PROMISING PILOT MENTAL HEALTH DIVERSION PROGRAM

As his tenure as an LA County Supervisor is drawing to a close, Zev Yaroslavsky has put into place a promising pilot program that will allow mentally ill and/or homeless lawbreakers who commit certain non-serious crimes to be diverted into a residential treatment program rather than jail.

When it begins, up to 50 adults in Zev’s 3rd District who agree to participate in the program will be released to San Fernando Valley Community Mental Health Center. The idea is that the participants will get treatment and other forms of support, which will in turn help them eventually transition back to a more stable life in their communities—rather than merely cycle in and out of confinement in the LA County jail system.

Stephanie Stephens of California Healthline has more on the story. Here’s a clip:

That cycle so familiar to many Californians with mental illnesses may soon be interrupted thanks to the new Third District Diversion and Alternative Sentencing Program in Los Angeles County.

Designed for adults who are chronically homeless, seriously mentally ill, and who commit specific misdemeanor and low-level felony crimes, the demonstration project could help reduce recidivism by as much as two-thirds, Third District Supervisor Zev Yaroslavsky said.

Similar diversion programs have produced promising results in other metropolitan areas — Bexar County (San Antonio), Texas and Miami-Dade County in Florida, for example — fueling hopes for change here, according to L.A. program supporters.

“Clearly, treating mental illness in jail does not produce the best results,” Yaroslavsky said. “At present we put offenders into the mental health unit of the jail — it’s the largest mental health facility in the state. We provide mental health treatment and custodial care for approximately 3,500 people each day.”

Various county government officials, as well as judges and attorneys, signed a 38-page memorandum of understanding to outline the program on Sept. 14.

“We have involved all the agencies in the community that intersect around this problem, and we’ve spelled out all their responsibilities,” Yaroslavsky said.

This is all very, very good news. Next, of course, we need to institute a countywide program—preferably as soon as possible. But it’s a start.


ABOUT THAT 10-YEAR OLD WHO IS BEING TRIED FOR MURDER AS AN ADULT

Okay, we consciously avoided reporting on this story because, we reasoned, it was merely one more horrible tale—among many such horrible tales—of a kid being tried as an adult, and it wasn’t happening in California.

But frankly it is impossible to ignore the matter of the 10-year-old Pennsylvania boy who is being charged with adult murder after he confessed to slugging 90-year old Helen Novak multiple times and then choking her with a cane—all because she yelled at him. (The victim, Ms. Novak, was being cared for by the 10-year-old’s grandfather.)

It deserves our attention because it demonstrates so starkly how dysfunctional our system has become when it deals with juveniles who commit serious crimes. We treat children as children in every other legal instance—except in the criminal justice system.

The rural Pennsylvania 10-year-old is one of the youngest in the U.S. ever to face an adult criminal homicide conviction.

In their most recent update on the story, CBS News consulted juvenile justice expert, Marsha Levick, who had scathing things to say about what PA is doing. Here’s a clip:

(Note: CBS refers to the boy as TK to avoid revealing his identity since he’s a minor, although many other news outlets have used his name.)

“It’s ridiculous. …The idea of prescribing criminal responsibility to a 10-year-old defies all logic,” Marsha Levick, deputy director and chief counsel of the Juvenile Law Center, a public interest law firm, told 48 Hours’ Crimesider.

“The Supreme Court has recognized that teens and adolescents hold lesser culpability. Their brains are obviously still developing and they’re developmentally immature. Multiply that for a 10-year-old.”

[SNIP]

The boy’s attorney, Bernard Brown, says his client doesn’t seem to understand the gravity of the situation.

Brown told CBS affiliate WYOU that when he visited the boy at the Wayne County Correctional Facility last week, the boy compared his prison jumpsuit to “a Halloween costume he would probably never wear.”

Brown declined to request bail for the 10-year-old last week, saying his family isn’t ready to have him released into their custody.

Brown said the boy’s family believes he is being treated well at the county prison, where he is being housed alone in a cell and kept away from the general population. He said the boy was being provided coloring books.

But Levick, of the Juvenile Law Center, says the last place T.K. belongs is in a county jail.

“He’s effectively in isolation. He’s being denied the opportunity for regular interaction, denied education, denied the opportunity for reasonable activity. That, in of itself, will be harmful to him,” Levick says.

And last week, one of the better articles on the boy and his charges was by Christopher Moraff writing for the Daily Beast, who pointed to some of the psychological limitations of a child of TK’s age. Here’s a clip:

Legal experts say trying children as adults is not only bad policy, but it raises serious competency and due process issues. Research sponsored in 2003 by the MacArthur Foundation found that more than a third of incarcerated juveniles between the ages of 11 and 13 exhibited poor reasoning about trial-related matters, and children under 14 are less likely to focus on the long-term consequences of their decisions.

“Deficiencies in risk perception and future orientation, as well as immature attitudes toward authority figures, may undermine competent decision-making in ways that standard assessments of competence to stand trial do not capture,” the authors conclude.

A new study published in the journal Law and Human Behavior finds that juvenile criminal suspects either incriminate themselves or give full confessions in two-thirds of all interrogations.

Often a suspect’s parent is their only advocate. And usually, they are ill-equipped to provide sound legal guidance.

“Parents throw away their kids’ rights too easily, not realizing that kids will often not tell the truth when adults are questioning,” said Schwartz.

Indeed, court documents show that Kurilla was brought to the Pennsylvania State Police barracks by his mother, who pretty much confessed for him. Then, after informing police that he had mental difficulties and “lied a lot,” she waived his right to an attorney and requested that troopers interview him alone.

It was then, during private questioning, that the boy reportedly said: “I killed that lady.” Still later, during a joint interview with his mother, the officer in charge of the interrogation notes that Kurilla “appeared to be having trouble answering the questions.”

According to Terrie Morgan-Besecker—a reporter for The Scranton Times Tribune who has been closely following the case— Kurilla’s attorney, Bernard Brown, called the manner in which the boy was questioned “concerning” and is planning to challenge the confession.

This child, who turned 10 this summer, is indeed in dire need of help. But if he has any hope of getting it, he must be treated as child, not as an adult. That the law says otherwise simply demonstrates the how disastrously broken our juvenile justice system has become.


AND HERE’S TO LEGENDARY EDITOR BEN BRADLEE… R.I.P.

Ben Bradlee, who died Tuesday at 93, transformed the Washington Post and, with his stewardship of the paper’s Watergate coverage and the publication of information contained in the Pentagon Papers, changed journalism and arguably the direction of the nation.

Here’s a clip from the story that appeared on the Post’s front page on Wednesday morning.

Benjamin C. Bradlee, who presided over The Washington Post newsroom for 26 years and guided The Post’s transformation into one of the world’s leading newspapers, died Oct. 21 at his home in Washington of natural causes. He was 93.

From the moment he took over The Post newsroom in 1965, Mr. Bradlee sought to create an important newspaper that would go far beyond the traditional model of a metropolitan daily. He achieved that goal by combining compelling news stories based on aggressive reporting with engaging feature pieces of a kind previously associated with the best magazines. His charm and gift for leadership helped him hire and inspire a talented staff and eventually made him the most celebrated newspaper editor of his era.

The most compelling story of Mr. Bradlee’s tenure, almost certainly the one of greatest consequence, was Watergate, a political scandal touched off by The Post’s reporting that ended in the only resignation of a president in U.S. history.

But Mr. Bradlee’s most important decision, made with Katharine Graham, The Post’s publisher, may have been to print stories based on the Pentagon Papers, a secret Pentagon history of the Vietnam War. The Nixon administration went to court to try to quash those stories, but the U.S. Supreme Court upheld the decision of the New York Times and The Post to publish them.

President Obama recalled Mr. Bradlee’s legacy on Tuesday night in a statement that said: “For Benjamin Bradlee, journalism was more than a profession — it was a public good vital to our democracy. A true newspaperman, he transformed the Washington Post into one of the country’s finest newspapers, and with him at the helm, a growing army of reporters published the Pentagon Papers, exposed Watergate, and told stories that needed to be told — stories that helped us understand our world and one another a little bit better. The standard he set — a standard for honest, objective, meticulous reporting — encouraged so many others to enter the profession. And that standard is why, last year, I was proud to honor Ben with the Presidential Medal of Freedom. Today, we offer our thoughts and prayers to Ben’s family, and all who were fortunate to share in what truly was a good life.”

[SNIP]

Mr. Bradlee’s patrician good looks, gravelly voice, profane vocabulary and zest for journalism and for life all contributed to the charismatic personality that dominated and shaped The Post. Modern American newspaper editors rarely achieve much fame, but Mr. Bradlee became a celebrity and loved the status. Jason Robards played him in the movie “All the President’s Men,” based on Bob Woodward and Carl Bernstein’s book about Watergate. Two books Mr. Bradlee wrote — “Conversations With Kennedy” and his memoir, “A Good Life” — were bestsellers. His craggy face became a familiar sight on television. In public and in private, he always played his part with theatrical enthusiasm.

“He was a presence, a force,” Woodward recalled of Mr. Bradlee’s role during the Watergate period, 1972 to 1974. “And he was a doubter, a skeptic — ‘Do we have it yet?’ ‘Have we proved it?’ ” Decades later, Woodward remembered the words that he most hated to hear from Mr. Bradlee then: “You don’t have it yet, kid.”

Mr. Bradlee loved the Watergate story, not least because it gave the newspaper “impact,” his favorite word in his first years as editor. He wanted the paper to be noticed. In his personal vernacular — a vivid, blasphemous argot that combined the swearwords he mastered in the Navy during World War II with the impeccable enunciation of a blue-blooded Bostonian — a great story was “a real tube-ripper.”

This meant a story was so hot that Post readers would rip the paper out of the tubes into which the paperboy delivered it. A bad story was “mego” — the acronym for “my eyes glaze over” — applied to anything that bored him. Maximizing the number of tube-rippers and minimizing mego was the Bradlee strategy.

Mr. Bradlee’s tactics were also simple: “Hire people smarter than you are” and encourage them to bloom. His energy and his mystique were infectious….

Read on. It’s a long and rich and compelling story about a long and rich and compelling life.

Posted in American voices, Board of Supervisors, juvenile justice, LA County Board of Supervisors, LA County Jail, LAPD, mental health, Mental Illness | No Comments »

School Discipline, LAPD Chief’s Difficult Decision About Controversial Detective, Prop 47, and Vote!

October 20th, 2014 by Taylor Walker

THIS AMERICAN LIFE TAKES A CLOSER LOOK AT SCHOOL DISCIPLINE PRACTICES

This past weekend, in a show called “Is This Working?” American Public Radio’s This American Life broadcast a story about school discipline—two different methods in particular—and whether or not they work for kids.

The TAL episode begins by exploring racial disparity in school suspensions and expulsions for infractions like “disrespect” and “willful defiance,” and the school-to-prison pipeline.

Reporter Chana Joffe-Walt talks with writer Tunette Powell and her sons JJ (5) and Joah (4), who have received eight suspensions between them (and whose story we shared here).

And in the second half of the program, host Ira Glass and Joffe-Walt tell of two completely different endeavors to change the way schools discipline kids.

The first is a system of charter schools tailored to poor and minority kids. The charter schools first started popping up around 20 years ago, and boasted strict, methodical discipline coupled with long school days, and a slogan telling kids to “sweat the small stuff.”

The first generation of kids to enter these schools are now adults, and one of these students, Rousseau Mieze, shares his experiences, good and bad, with TAL. For instance, he was suspended on his second day for celebrating a perfect score on a math test, and was frequently disciplined thereafter for talking out of turn. Half of the first class dropped out before the end of the school year, but Rousseau went on to graduate college and is now a teacher at charter school that applies similar discipline methods.

Conversely, another discipline movement has been slowly sweeping through schools across the nation: restorative justice, a model based on healing and conflict resolution between students and their teachers and peers.

The full episode is quite good and worth listening to, even if you are familiar with school discipline issues.


LAPD CHIEF CHARLIE BECK FACES TRICKY DECISION ABOUT DETECTIVE’S FATE

While speaking at an LAPD training class, Detective Frank Lynga went on a vulgar tirade that included, among other things, calling black civil rights attorney Carl Douglas a “little Ewok,” saying a female captain was “swapped around,” and calling a certain lieutenant a “moron.”

Now Chief Charlie Beck must choose whether to merely punish Lynga, or fire him, as a department board of rights panel has recommended. And it’s a complicated decision because whichever way Beck moves, there will be constituencies who are upset. It is further complicated by the fact that Chief Beck did not fire officer Shaun Hillman who allegedly pulled a gun on a man and used a racial slur during a bar fight (which critics presume was because of his high profile uncle, a former LAPD deputy chief).

The LA Times’ Kate Mather and Richard Winton have this complex story. Here’s a clip:

Frank Lyga claimed that he drove his Jeep in the carpool lane at 100 mph, called a prominent black civil rights attorney an “ewok,” quipped that a female LAPD captain had been “swapped around a bunch of times” and described a lieutenant as a “moron.”

Then he recalled his fatal 1997 shooting of a fellow officer, an incident that sparked racial tensions within the department because Lyga is white and the slain officer was black.

“I could have killed a whole truckload of them, and I would have been happy doing it,” Lyga recounted telling an attorney representing the officer’s family.

Nearly a year after Lyga gave his controversial training lecture, LAPD Chief Charlie Beck must choose whether to follow a disciplinary panel’s recommendation issued this week to fire the detective or reduce his punishment and let him keep his job.

The decision presents the chief with one of his biggest tests since his August reappointment to a second five-year term and is likely to reignite criticism of how he handles officers’ discipline. Beck has clashed with his civilian bosses and rank-and-file officers on the issue, with some accusing him of being inconsistent.

On Friday, black civil rights advocates called on Beck to fire Lyga, saying that the narcotics detective’s comments were racist and sexist and should not be tolerated. Meanwhile, Lyga’s supporters say that he is genuinely remorseful, and note that Beck recently rejected another disciplinary panel’s recommendations to fire a well-connected officer who was caught uttering a racial slur.

“This is a police chief’s nightmare,” said Merrick Bobb, a policing oversight expert.


FURTHER PROP 47 READING: ENDORSEMENTS AND CRITICISMS FROM NEWSPAPERS AND JUSTICE SYSTEM LEADERS

A former Santa Barbara County Superior Court judge, George Eskin, urges voters to pass prop 47. In an op-ed for the Santa Barbara Independent, Eskin, who is also a former assistant DA in SB and Ventura, says that “wobblers”—charges that could be designated as either misdemeanors or felonies—are often filed as felonies by DAs and are later reduced to misdemeanors, creating a needlessly expensive legal process. Here’s a clip from his case for Prop 47:

I was a prosecutor and a defense attorney for 35 years before serving a decade as a judge on the Santa Barbara County Superior Court. In these experiences, I have seen how far we have strayed from sound criminal sentencing policies.

This is especially true of low-level offenses, many of which can be prosecuted as either a felony or a misdemeanor. District attorneys decide which classification to file, and a judge has no authority to influence their decision. DAs routinely file these cases as felonies, even though they are likely to conclude with a misdemeanor disposition.

The end result of this costly process, a misdemeanor conviction, does not justify the financial expense and the valuable resources invested by police, prosecutors, and the courts, and the ability to investigate, prosecute, and adjudicate serious and violent crimes is compromised.

And even if a felony conviction stands for these nonviolent offenses, the “felon” label will serve as an impediment to future employment and education opportunities, not to mention the obvious loss of employment and interruption of education and family life while someone is on trial or incarcerated.

UT San Diego, however, is urging voters not to pass 47, saying that while the state’s prison population and recidivism rates do need to be reduced, and our “tough-on-crime” policies did not work, Prop 47 will not solve these problems. Here’s a clip:

Stealing any handgun worth less than $950, now a felony, would automatically be a misdemeanor — and nearly all stolen handguns are worth less than $950; the language is so loose it would even make possession of date-rape drugs a misdemeanor; and the provisions for shoplifting and bad checks could cost retailers and consumers millions.

Finally, the prison money that would be saved and diverted to treatment programs, schools and crime victims — Lansdowne estimated it at $100 million to $200 million — is peanuts for a state the size of California. Which means thousands of criminals would be back on the streets where they would still not get treatment for their mental health disorders or their addictions.

Another former Superior Court judge, Harlan Grossman, who is also a former prosecutor and an FBI agent, in an op-ed for the Contra Costa Times, calls the measure “long overdue” and says it will help the state meet prison population reduction goals as well as save much-needed court resources to use on more serious criminal cases. Here are some clips:

Realignment significantly reduced overcrowding in our state prisons, but the number of inmates has been creeping back up over the past two years.

Without some additional sentencing changes, we will fall short of the goal of prioritizing jail and prison space while also making our justice system more equitable and fair. Fortunately, Proposition 47 could move us forward toward that goal.

[SNIP]

Another benefit of making these offenses misdemeanors is that it should lead to a quicker resolution of these cases, freeing up scarce resources to address the more serious offenses that threaten the safety of our communities.

KPCC has a short and sweet Prop 47 FAQ list with bullet points on what the measure would do, if passed, and why it’s different from current laws.


REGISTER! VOTE!

By the way, today, October 20, is the cut-off to register to vote in the November 4 election. Go register! Quick! You can fill out the online application here.

Posted in LAPD, race and class, Restorative Justice, School to Prison Pipeline, Sentencing, Zero Tolerance and School Discipline | 6 Comments »

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